BILL NUMBER: AB 1672	CHAPTERED  10/10/99

	CHAPTER   892
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 8, 1999
	AMENDED IN ASSEMBLY   MAY 10, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Committee on Judiciary (Kuehl (Chair), Ackerman (Vice
Chair), Aroner, Baugh, Corbett, Hertzberg, House, Jackson, Knox,
Shelley, and Steinberg)

                        MARCH 15, 1999

   An act to amend Sections 6400, 6401, 6401.6, 6405, 6411, 22350,
22351, 22351.5, 22353, and 22357 of the Business and Professions
Code, to amend Sections 995.710, 1260.250, and 2025 of the Code of
Civil Procedure, to amend Section 68511.3 of the Government Code, to
amend Section 45014 of the Public Resources Code, and to amend
Section 319.1 of the Welfare and Institutions Code, relating to civil
actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1672, Committee on Judiciary.  Civil actions:  eminent domain:
waste management.
   (1) Existing law provides, until January 1, 2003, for the
registration by the county clerk of legal document assistants and
unlawful detainer assistants, as specified; it also provides for the
registration by the county clerk of process servers, as specified.
   This bill would revise the exemptions from the registration
requirement for legal document assistants, and make clarifying
changes; the bill would require an application for a certificate of
registration by a partnership or corporation to be accompanied by a
$25,000 bond executed by a corporate surety qualified to do business
in this state; however, the bill would limit the total aggregate
liability on the bond to $25,000, and would require an application
for a certificate of registration by a person employed by a
partnership or corporation to be accompanied by a $25,000 bond only
when the partnership or corporation has not posted the bond, as
specified; the bill would create an exemption from the registration
of felons as process servers with respect to felons who have been
granted a certificate of rehabilitation, expungement, or pardon, and
make conforming changes.  This bill would also revise the
notification and fingerprint card requirements for registration of
process servers, and allow a registrant to deposit cash or a money
order in lieu of a surety bond.  The bill would also make clarifying
changes.
   (2) Existing law generally prohibits a cash or similar deposit in
lieu of a surety bond after January 1, 1999.
   This bill would limit that prohibition to filings with the
Secretary of State.
   (3) The existing eminent domain law requires a court, in an
eminent domain proceeding, to give the tax collector the legal
description of the property sought to be taken and direct the tax
collector to certify to the court specified information regarding the
property.
   This bill would provide that the court in a county where both the
auditor and tax collector are elected officials may select either the
auditor or tax collector to perform that certification.
   (4) Existing law limits taking multiple depositions of the same
person, except as specified.
   This bill would revise that exception.
   (5) Existing law requires litigants who apply to a court to
proceed in forma pauperis to provide identification to verify the
applicants receipt of public assistance.
   This bill would expand the means of identification for these
purposes.
   (6) Existing law, known as the California Integrated Waste
Management Act of 1989, authorizes the California Integrated Waste
Management Board, along with local enforcement agencies, to carry out
specified powers and duties relating to the management of solid
waste.  The act authorizes the administrative imposition of civil
penalties for violations of the act, and provides that any attorney
authorized to act on behalf of the local enforcement agency or the
board may petition the superior court to impose, assess, and recover
civil penalties under the act.
   This bill would instead provide that an attorney authorized to act
on behalf of the local enforcement agency or the board may apply, to
the clerk of the appropriate court in the county in which the civil
penalty was imposed, for a judgment to collect the penalty, as
specified.  The bill would also require the recovery of unpaid filing
fees prior to the recovery of any portion of a civil penalty.
   (7) Existing law requires the juvenile court to notify the
director of the county mental health department of the county in
which a minor resides when the court (1) finds the minor to be within
the jurisdiction of the court on the basis of abuse or neglect and
(2) believes the minor may need specialized mental health treatment.

   This bill would make a technical change to that provision.
   (8) By imposing additional duties upon local officials, this bill
would create a state-mandated local program.
  (9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6400 of the Business and Professions Code, as
added by Section 3 of Chapter 1079 of the Statutes of 1998, is
amended to read:
   6400.  (a) "Unlawful detainer assistant" means any individual who
for compensation renders assistance or advice in the prosecution or
defense of an unlawful detainer claim or action, including any
bankruptcy petition that may affect the unlawful detainer claim or
action.
   (b) "Unlawful detainer claim" means a proceeding, filing, or
action affecting rights or liabilities of any person that arises
under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3
of the Code of Civil Procedure and that contemplates an adjudication
by a court.
   (c) "Legal document assistant" means:
   (1) Any person who is not exempted under Section 6401 and who
provides, or assists in providing, or offers to provide, or offers to
assist in providing, for compensation, any self-help service to a
member of the public who is representing himself or herself in a
legal matter, or who holds himself or herself out as someone who
offers that service or has that authority.  This paragraph shall not
apply to any individual whose assistance consists merely of
secretarial or receptionist services.
   (2) A corporation, partnership, association, or other entity that
employs or contracts with any person not exempted under Section 6401
who, as part of his or her responsibilities, provides, or assists in
providing, or offers to provide, or offers to assist in providing,
for compensation, any self-help service to a member of the public who
is representing himself or herself in a legal matter or holds
himself or herself out as someone who offers that service or has that
authority.  This paragraph shall not apply to an individual whose
assistance consists merely of secretarial or receptionist services.
   (d) "Self-help service" means all of the following:
   (1) Completing legal documents in a ministerial manner, selected
by a person who is representing himself or herself in a legal matter,
by typing or otherwise completing the documents at the person's
specific direction.
   (2) Providing general published factual information that has been
written or approved by an attorney, pertaining to legal procedures,
rights, or obligations to a person who is representing himself or
herself in a legal matter, to assist the person in representing
himself or herself.  This service in and of itself, shall not require
registration as a legal document assistant.
   (3) Making published legal documents available to a person who is
representing himself or herself in a legal matter.
   (4) Filing and serving legal forms and documents at the specific
direction of a person who is representing himself or herself in a
legal matter.
   (e) "Compensation" means money, property, or anything else of
value.
   (f) A legal document assistant, including any legal document
assistant employed by a partnership or corporation, shall not provide
any self-help service for compensation after January 1, 2000, unless
the legal document assistant is registered in the county in which
the services are being provided.
   (g) A legal document assistant shall not provide any kind of
advice, explanation, opinion, or recommendation to a consumer about
possible legal rights, remedies, defenses, options, selection of
forms, or strategies.  A legal document assistant shall complete
documents only in the manner prescribed by paragraph (3) of
subdivision (d).
   (h) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.
  SEC. 2.  Section 6401 of the Business and Professions Code, as
amended by Section 5 of Chapter 1079 of the Statutes of 1998, is
amended to read:
   6401.  This chapter does not apply to any person engaged in any of
the following occupations, provided that the person does not also
perform the duties of a legal document assistant in addition to those
occupations:
   (a) Any government employee who is acting in the course of his or
her employment.
   (b) A member of the State Bar of California, or his or her
employee, paralegal, or agent, or an independent contractor while
acting on behalf of a member of the State Bar.
   (c) Any employee of a nonprofit, tax-exempt corporation who either
assists clients free of charge or is supervised by a member of the
State Bar of California who has malpractice insurance.
   (d) A licensed real estate broker or licensed real estate
salesperson, as defined in Chapter 3 (commencing with Section 10130)
of Part 1 of Division 4, who acts pursuant to subdivision (b) of
Section 10131 on an unlawful detainer claim as defined in subdivision
(b) of Section 6400, and who is a party to the unlawful detainer
action.
   (e) An immigration consultant, as defined in Chapter 19.5
(commencing with Section 22441) of Division 8.
   (f) A person registered as a process server under Chapter 16
(commencing with Section 22350) or a person registered as a
professional photocopier under Chapter 20 (commencing with Section
22450) of Division 8.
   (g) A person who provides services relative to the preparation of
security instruments or conveyance documents as an integral part of
the provision of title or escrow service.
   (h) A person who provides services that are regulated by federal
law.
   (i) A person who is employed by, and provides services to, a
supervised financial institution, holding company, subsidiary or
affiliate.
   (j) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.
  SEC. 3.  Section 6401.6 of the Business and Professions Code is
amended to read:
   6401.6.  A legal document assistant shall not provide service to a
client who requires assistance that exceeds the definition of
self-help service in subdivision (d) of Section 6400, and shall
inform the client that the client requires the services of an
attorney.
  This section shall remain in effect only until January 1, 2003, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2003, deletes or extends that date.
  SEC. 4.  Section 6405 of the Business and Professions Code is
amended to read:
   6405.  (a) (1) An application for a certificate of registration by
an individual shall be accompanied by a bond of twenty-five thousand
dollars ($25,000) executed by a corporate surety qualified to do
business in this state and conditioned upon compliance with this
chapter.  The total aggregate liability on the bond shall be limited
to twenty-five thousand dollars ($25,000).
   (2) An application for a certificate of registration by a
partnership or corporation shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) executed by a corporate surety
qualified to do business in this state and conditioned upon
compliance with this chapter.  The total aggregate liability on the
bond shall be limited to twenty-five thousand dollars ($25,000). An
application for a certificate of registration by a person employed by
a partnership or corporation shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) only when the partnership or
corporation has not posted a bond of twenty-five thousand dollars
($25,000) as required by this subdivision.
   (3) The  bond may be terminated pursuant to Section 995.440 of,
and Article 13 (commencing with Section 996.310) of Chapter 2 of
Title 14 of Part 2 of, the Code of Civil Procedure.
   (b) The county clerk shall, upon filing of the bond, deliver the
bond forthwith to the county recorder for recording. The recording
fee specified in Section 27361 of the Government Code shall be paid
by the registrant.  The fee may be paid to the county clerk, who
shall transmit it to the recorder.
   (c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
   (d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording.  The recording fee specified in
Section 27361 of the Government Code for notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
   (e) In lieu of the bond required by subdivision (a), a registrant
may deposit twenty-five thousand dollars ($25,000) in cash with the
county clerk.
   (f) If the certificate is revoked, the bond or cash deposit shall
be returned to the bonding party or depositor subject to subdivision
(g) and the right of a person to recover against the bond or cash
deposit under Section 6412.
   (g) The county clerk may retain a cash deposit until the
expiration of three years from the date the registrant has ceased to
do business, or three years from the expiration or revocation date of
the registration, in order to ensure there are no outstanding claims
against the deposit.  A judge of a municipal or superior court may
order the return of the deposit prior to the expiration of three
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit.
  SEC. 5.  Section 6411 of the Business and Professions Code, as
amended by Section 21 of Chapter 1079 of the Statutes of 1998, is
amended to read:
   6411.  It is unlawful for any person engaged in the business or
acting in the capacity of a legal document assistant or unlawful
detainer assistant to do any of the following:
   (a) Make false or misleading statements to the consumer concerning
the subject matter, legal issues, or self-help service being
provided by the legal document assistant or unlawful detainer
assistant.
   (b) Make any guarantee or promise to a client or prospective
client, unless the guarantee or promise is in writing and the legal
document assistant or unlawful detainer assistant has a reasonable
factual basis for making the guarantee or promise.
   (c) Make any statement that the legal document assistant or
unlawful detainer assistant can or will obtain favors or has special
influence with a court, or a state or federal agency.
   (d) Provide assistance or advice which constitutes the unlawful
practice of law pursuant to Section 6125, 6126, or 6127.
   (e) Engage in the unauthorized practice of law, including, but not
limited to, giving any kind of advice, explanation, opinion, or
recommendation to a consumer about possible legal rights, remedies,
defenses, options, selection of forms, or strategies.  A legal
document assistant shall complete documents only in the manner
prescribed by subdivision (d) of Section 6400.
   (f) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.
  SEC. 6.  Section 22350 of the Business and Professions Code is
amended to read:
   22350.  (a) Any natural person who makes more than 10 services of
process within this state during one calendar year, for specific
compensation or in expectation of specific compensation, where such
compensation is directly attributable to the service of process,
shall file and maintain a verified certificate of registration as a
process server with the county clerk of the county in which he or she
resides or has his or her principal place of business.  Any
corporation or partnership that derives or expects to derive
compensation from service of process within this state shall also
file and maintain a verified certificate of registration as a process
server with the county clerk of the county in which the corporation
or partnership has its principal place of business.
   (b) This chapter shall not apply to any of the following:
   (1) Any sheriff, marshal, or government employee who is acting
within the course and scope of his or her employment.
   (2) An attorney or his or her employees.
   (3) Any person who is specially appointed by a court to serve its
process.
   (4) A licensed private investigator or his or her employees.
   (5) A professional photocopier registered under Section 22450, or
an employee thereof, whose only service of process relates to
subpoenas for the production of records, which subpoenas specify that
the records be copied by that registered professional photocopier.

  SEC. 7.  Section 22351 of the Business and Professions Code is
amended to read:
   22351.  (a) The certificate of registration of a registrant who is
a natural person shall contain the following:
   (1) The name, age, address, and telephone number of the
registrant.
   (2) A statement, signed by the registrant under penalty of
perjury, that the registrant has not been convicted of a felony; or,
if the registrant has been convicted of a felony, a copy of a
certificate of rehabilitation, expungement, or pardon.
   (3) A statement that the registrant has been a resident of this
state for a period of one year immediately preceding the filing of
the certificate.
   (4) A statement that the registrant will perform his or her duties
as a process server in compliance with the provisions of law
governing the service of process in this state.
   (b) The certificate of registration of a registrant who is a
partnership or corporation shall contain the following:
   (1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
   (2) A statement, signed by the general partners or officers under
penalty of perjury, that the general partners or officers have not
been convicted of a felony.
   (3) A statement that the partnership or corporation has been
organized and existing continuously for a period of one year
immediately preceding the filing of the certificate or a responsible
managing employee, partner, or officer has been previously registered
under this chapter.
   (4) A statement that the partnership or corporation will perform
its duties as a process server in compliance with the provisions of
law governing the service of process in this state.
  SEC. 8.  Section 22351.5 of the Business and Professions Code is
amended to read:
   22351.5.  (a) At the time of filing the initial certificate of
registration, the registrant shall also submit two completed
fingerprint cards, for submission to the Department of Justice and
the Federal Bureau of Investigation, in order to verify that the
registrant has not been convicted of a felony.  The clerk shall
utilize the Subsequent Arrest Notification Contract provided by the
Department of Justice for notifications subsequent to the initial
certificate of registration.  If, however, the clerk was not under
contract with the Department of Justice at the time the initial
certificate was filed, registrants shall be required to submit new
fingerprint cards at the time of renewal until the notification
contract is in place.
   (b) If, after processing the completed fingerprint cards, the
clerk is advised that the registrant has been convicted of a felony,
the presiding judge of the superior court of the county in which the
certificate of registration is maintained is authorized to review the
criminal record and, unless the registrant is able to produce a copy
of a certificate of rehabilitation, expungement, or pardon, as
specified in paragraph (2) of subdivision (a) of Section 22351,
notify the registrant that the registration is revoked.  An order to
show cause for contempt may be issued and served upon any person who
fails to surrender a registered process server identification card
after a notice of revocation.
  SEC. 9.  Section 22353 of the Business and Professions Code is
amended to read:
   22353.  (a) A certificate of registration shall be accompanied by
a bond of two thousand dollars ($2,000) which is executed by an
admitted surety insurer and conditioned upon compliance with the
provisions of this chapter and all laws governing the service of
process in this state.  The total aggregate liability on the bond is
limited to two thousand dollars ($2,000).  As an alternative to the
bond, the registrant may deposit with the clerk, cash or money order
in the amount of two thousand dollars ($2,000).
   (b) The county clerk shall, upon filing the bond, deliver the bond
forthwith to the county recorder for recording.  The recording fee
specified in Section 27361 of the Government Code shall be paid by
the registered professional process server.  The fee may be paid to
the county clerk, who shall transmit it to the recorder.
   (c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
   (d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording.  The recording fee specified in
Section 27361 of the Government Code for the notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
  SEC. 10.  Section 22357 of the Business and Professions Code is
amended to read:
   22357.  (a) Any person who recovers damages in any action or
proceeding for injuries caused by a service of process which was made
by a registrant and did not comply with the provisions of law
governing the service of process in this state may recover the amount
of the damages from the bond required by Section 22353.
   (b) Whenever there has been a recovery against a bond under
subdivision (a), the registrant shall file a new bond or cash deposit
within 30 days to reinstate the bond or cash deposit to the amount
required by Section 22353.  If the registrant does not file the bond
within 30 days, the certificate of registration shall be revoked and
the remainder of the bond forfeited to the county treasury.
  SEC. 11.  Section 995.710 of the Code of Civil Procedure is amended
to read:
   995.710.  (a) Except as provided in subdivision (e) or to the
extent the statute providing for a bond precludes a deposit in lieu
of bond or limits the form of deposit, the principal may instead of
giving a bond, deposit with the officer any of the following:
   (1) Lawful money of the United States.  The money shall be
maintained by the officer in an interest-bearing trust account.
   (2) Bearer bonds or bearer notes of the United States or the State
of California.
   (3) Certificates of deposit payable to the officer, not exceeding
the federally insured amount, issued by banks or savings associations
authorized to do business in this state and insured by the Federal
Deposit Insurance Corporation.
   (4) Savings accounts assigned to the officer, not exceeding the
federally insured amount, together with evidence of the deposit in
the savings accounts with banks authorized to do business in this
state and insured by the Federal Deposit Insurance Corporation.
   (5) Investment certificates or share accounts assigned to the
officer, not exceeding the federally insured amount, issued by
savings associations authorized to do business in this state and
insured by the Federal Deposit Insurance Corporation.
   (6) Certificates for funds or share accounts assigned to the
officer, not exceeding the guaranteed amount, issued by a credit
union, as defined in Section 14002 of the Financial Code, whose share
deposits are guaranteed by the National Credit Union Administration
or guaranteed by any other agency approved by the Department of
Financial Institutions.
   (b) The deposit shall be in an amount or have a face value, or in
the case of bearer bonds or bearer notes have a market value, equal
to or in excess of the amount that would be required to be secured by
the bond if the bond were given by an admitted surety insurer.
Notwithstanding any other provision of this chapter, in the case of a
deposit of bearer bonds or bearer notes other than in an action or
proceeding, the officer may, in the officer's discretion, require
that the amount of the deposit be determined not by the market value
of the bonds or notes but by a formula based on the principal amount
of the bonds or notes.
   (c) The deposit shall be accompanied by an agreement executed by
the principal authorizing the officer to collect, sell, or otherwise
apply the deposit to enforce the liability of the principal on the
deposit.  The agreement shall include the address at which the
principal may be served with notices, papers, and other documents
under this chapter.
   (d) The officer may prescribe terms and conditions to implement
this section.
   (e) This section may not be utilized after January 1, 1999, for
deposits with the Secretary of State.  Any principal who made a
deposit with the Secretary of State pursuant to this section prior to
January 1, 1999, may continue to utilize that deposit in lieu of a
bond pursuant to this section and the statute that prescribes a bond;
however, the deposit shall not be renewable pursuant to this
section.
  SEC. 12.  Section 1260.250 of the Code of Civil Procedure is
amended to read:
   1260.250.  (a) In a county where both the auditor and the tax
collector are elected officials, the court shall by order give the
auditor or tax collector the legal description of the property sought
to be taken and direct the auditor or tax collector to certify to
the court the information required by subdivision (c), and the
auditor or tax collector shall promptly certify the required
information to the court.  In all other counties, the court shall by
order give the tax collector the legal description of the property
sought to be taken and direct the tax collector to certify to the
court the information required by subdivision (c), and the tax
collector shall promptly certify the required information to the
court.
   (b) The court order shall be made on or before the earliest of the
following dates:
   (1) The date the court makes an order for possession.
   (2) The date set for trial.
   (3) The date of entry of judgment.
   (c) The court order shall require certification of the following
information:
   (1) The current assessed value of the property together with its
assessed identification number.
   (2) All unpaid taxes on the property, and any penalties and costs
that have accrued thereon while on the secured roll, levied for prior
tax years that constitute a lien on the property.
   (3) All unpaid taxes on the property, and any penalties and costs
that have accrued thereon while on  the secured roll, levied for the
current tax year that constitute a lien on the property prorated to,
but not including, the date of apportionment determined pursuant to
Section 5082 of the Revenue and Taxation Code or the date of trial,
whichever is earlier.  If the amount of the current taxes is not
ascertainable at the time of proration, the amount shall be estimated
and computed based on the assessed value for the current assessment
year and the tax rate levied on the property for the immediately
prior tax year.
   (4) The actual or estimated amount of taxes on the property that
are or will become a lien on the property in the next succeeding tax
year prorated to, but not including, the date of apportionment
determined pursuant to Section 5082 of the Revenue and Taxation Code
or the date of trial, whichever is earlier.  Any estimated amount of
taxes shall be computed based on the assessed value of the property
for the current assessment year and the tax rate levied on the
property for the current tax year.
   (5) The amount of the taxes, penalties, and costs allocable to one
day of the current tax year, and where applicable, the amount
allocable to one day of the next succeeding tax year, hereinafter
referred to as the "daily prorate."
   (6) The total of paragraphs (2), (3), and (4).
   (d) If the property sought to be taken does not have a separate
valuation on the assessment roll, the information required by this
section shall be for the larger parcel of which the property is a
part.
   (e) The court, as part of the judgment, shall separately state the
amount certified pursuant to this section and order that the amount
be paid to the tax collector from the award.  If the amount so
certified is prorated to the date of trial, the order shall include,
in addition to the amount so certified, an amount equal to the
applicable daily prorate multiplied by the number of days commencing
on the date of trial and ending on and including the day before the
date of apportionment determined pursuant to Section 5082 of the
Revenue and Taxation Code.
   (f) Notwithstanding any other provision of this section, if the
board of supervisors provides the procedure set forth in Section 5087
of the Revenue and Taxation Code, the court shall make no award of
taxes in the judgment.
  SEC. 13.  Section 2025 of the Code of Civil Procedure is amended to
read:
   2025.  (a) Any party may obtain discovery within the scope
delimited by Section 2017, and subject to the restrictions set forth
in Section 2019, by taking in California the oral deposition of any
person, including any party to the action.  The person deposed may be
a natural person, an organization such as a public or private
corporation, a partnership, an association, or a governmental agency.

   (b) Subject to subdivisions (f) and (t), an oral deposition may be
taken as follows:
   (1) The defendant may serve a deposition notice without leave of
court at any time after that defendant has been served or has
appeared in the action, whichever occurs first.
   (2) The plaintiff may serve a deposition notice without leave of
court on any date that is 20 days after the service of the summons
on, or appearance by, any defendant.  However, on motion with or
without notice, the court, for good cause shown, may grant to a
plaintiff leave to serve a deposition notice on an earlier date.
                                        (c) A party desiring to take
the oral deposition of any person shall give notice in writing in the
manner set forth in subdivision (d).  However, where under
subdivision (d) of Section 2020 only the production by a nonparty of
business records for copying is desired, a copy of the deposition
subpoena shall serve as the notice of deposition.  The notice of
deposition shall be given to every other party who has appeared in
the action.  The deposition notice, or the accompanying proof of
service, shall list all the parties or attorneys for parties on whom
it is served.
   Where, as defined in subdivision (a) of Section 1985.3, the party
giving notice of the deposition is a subpoenaing party, and the
deponent is a witness commanded by a deposition subpoena to produce
personal records of a consumer, the subpoenaing party shall serve on
that consumer (1) a notice of the deposition, (2) the notice of
privacy rights specified in subdivision (e) of Section 1985.3 and in
Section 1985.6, and (3) a copy of the deposition subpoena.
   (d) The deposition notice shall state all of the following:
   (1) The address where the deposition will be taken.
   (2) The date of the deposition, selected under subdivision (f),
and the time it will commence.
   (3) The name of each deponent, and the address and telephone
number, if known, of any deponent who is not a party to the action.
If the name of the deponent is not known, the deposition notice shall
set forth instead a general description sufficient to identify the
person or particular class to which the person belongs.
   (4) The specification with reasonable particularity of any
materials or category of materials to be produced by the deponent.
   (5) Any intention to record the testimony by audiotape or
videotape, in addition to recording the testimony by the stenographic
method as required by paragraph (1) of subdivision (l) and any
intention to record the testimony by stenographic method, through the
instant visual display of the testimony.  In the latter event, a
copy of the deposition notice shall also be given to the deposition
officer.  Any offer to provide the instant visual display of the
testimony or to provide rough draft transcripts to any party which is
accepted prior to, or offered at, the deposition shall also be made
by the deposition officer at the deposition to all parties in
attendance.
   (6) Any intention to reserve the right to use at trial a videotape
deposition of a treating or consulting physician or of any expert
witness under paragraph (4) of subdivision (u).  In this event, the
operator of the videotape camera shall be a person who is authorized
to administer an oath, and shall not be financially interested in the
action or be a relative or employee of any attorney of any of the
parties.
   If the deponent named is not a natural person, the deposition
notice shall describe with reasonable particularity the matters on
which examination is requested.  In that event, the deponent shall
designate and produce at the deposition those of its officers,
directors, managing agents, employees, or agents who are most
qualified to testify on its behalf as to those matters to the extent
of any information known or reasonably available to the deponent.  A
deposition subpoena shall advise a nonparty deponent of its duty to
make this designation, and shall describe with reasonable
particularity the matters on which examination is requested.
   If the attendance of the deponent is to be compelled by service of
a deposition subpoena under Section 2020, an identical copy of that
subpoena shall be served with the deposition notice.
   (e) (1) The deposition of a natural person, whether or not a party
to the action, shall be taken at a place that is, at the option of
the party giving notice of the deposition, either within 75 miles of
the deponent's residence, or within the county where the action is
pending and within 150 miles of the deponent's residence, unless the
court orders otherwise under paragraph (3).
   (2) The deposition of an organization that is a party to the
action shall be taken at a place that is, at the option of the party
giving notice of the deposition, either within 75 miles of the
organization's principal executive or business office in California,
or within the county where the action is pending and within 150 miles
of that office.  The deposition of any other organization shall be
taken within 75 miles of the organization's principal executive or
business office in California, unless the organization consents to a
more distant place.  If the organization has not designated a
principal executive or business office in California, the deposition
shall be taken at a place that is, at the option of the party giving
notice of the deposition, either within the county where the action
is pending, or within 75 miles of any executive or business office in
California of the organization.
   (3) A party desiring to take the deposition of a natural person
who is a party to the action or an officer, director, managing agent,
or employee of a party may make a motion for an order that the
deponent attend for deposition at a place that is more distant than
that permitted under paragraph (1).  This motion shall be accompanied
by a declaration stating facts showing a reasonable and good faith
attempt at an informal resolution of any issue presented by the
motion.
   In exercising its discretion to grant or deny this motion, the
court shall take into consideration any factor tending to show
whether the interests of justice will be served by requiring the
deponent's attendance at that more distant place, including, but not
limited to, the following:
   (A) Whether the moving party selected the forum.
   (B) Whether the deponent will be present to testify at the trial
of the action.
   (C) The convenience of the deponent.
   (D) The feasibility of conducting the deposition by written
questions under Section 2028, or of using a discovery method other
than a deposition.
   (E) The number of depositions sought to be taken at a place more
distant than that permitted under paragraph (1).
   (F) The expense to the parties of requiring the deposition to be
taken within the distance permitted under paragraph (1).
   (G) The whereabouts of the deponent at the time for which the
deposition is scheduled.
   The order may be conditioned on the advancement by the moving
party of the reasonable expenses and costs to the deponent for travel
to the place of deposition.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to increase travel limits for party deponent, unless
it finds that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of the
sanction unjust.
   (f) An oral deposition shall be scheduled for a date at least 10
days after service of the deposition notice.  If, as defined in
subdivision (a) of Section 1985.3, the party giving notice of the
deposition is a subpoenaing party, and the deponent is a witness
commanded by a deposition subpoena to produce personal records of a
consumer, the deposition shall be scheduled for a date at least 20
days after issuance of that subpoena.  However, in unlawful detainer
actions, an oral deposition shall be scheduled for a date at least
five days after service of the deposition notice, but not later than
five days before trial.
   On motion or ex parte application of any party or deponent, for
good cause shown, the court may shorten or extend the time for
scheduling a deposition, or may stay its taking until the
determination of a motion for a protective order under subdivision
(i).
   (g) Any party served with a deposition notice that does not comply
with subdivisions (b) to (f), inclusive, waives any error or
irregularity unless that party promptly serves a written objection
specifying that error or irregularity at least three calendar days
prior to the date for which the deposition is scheduled, on the party
seeking to take the deposition and any other attorney or party on
whom the deposition notice was served.  If an objection is made three
calendar days before the deposition date, the objecting party shall
make personal service of that objection pursuant to Section 1011 on
the party who gave notice of the deposition.  Any deposition taken
after the service of a written objection shall not be used against
the objecting party under subdivision (u) if the party did not attend
the deposition and if the court determines that the objection was a
valid one.
   In addition to serving this written objection, a party may also
move for an order staying the taking of the deposition and quashing
the deposition notice.  This motion shall be accompanied by a
declaration stating facts showing a reasonable and good faith attempt
at an informal resolution of any issue presented by the motion.  The
taking of the deposition is stayed pending the determination of this
motion.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to quash a deposition notice, unless it finds that
the one subject to the sanction acted with substantial justification
or that other circumstances make the imposition of the sanction
unjust.
   (h) (1) The service of a deposition notice under subdivision (c)
is effective to require any deponent who is a party to the action or
an officer, director, managing agent, or employee of a party to
attend and to testify, as well as to produce any document or tangible
thing for inspection and copying.
   (2) The attendance and testimony of any other deponent, as well as
the production by the deponent of any document or tangible thing for
inspection and copying, requires the service on the deponent of a
deposition subpoena under Section 2020.
   (i) Before, during, or after a deposition, any party, any
deponent, or any other affected natural person or organization may
promptly move for a protective order.  The motion shall be
accompanied by a declaration stating facts showing a reasonable and
good faith attempt at an informal resolution of each issue presented
by the motion.
   The court, for good cause shown, may make any order that justice
requires to protect any party, deponent, or other natural person or
organization from unwarranted annoyance, embarrassment, or
oppression, or undue burden and expense.  This protective order may
include, but is not limited to, one or more of the following
directions:
   (1) That the deposition not be taken at all.
   (2) That the deposition be taken at a different time.
   (3) That a videotape deposition of a treating or consulting
physician or of any expert witness, intended for possible use at
trial under paragraph (4) of subdivision (u), be postponed until the
moving party has had an adequate opportunity to prepare, by discovery
deposition of the deponent, or other means, for cross-examination.
   (4) That the deposition be taken at a place other than that
specified in the deposition notice, if it is within a distance
permitted by subdivision (e).
   (5) That the deposition be taken only on certain specified terms
and conditions.
   (6) That the deponent's testimony be taken by written, instead of
oral, examination.
   (7) That the method of discovery be interrogatories to a party
instead of an oral deposition.
   (8) That the testimony be recorded in a manner different from that
specified in the deposition notice.
   (9) That certain matters not be inquired into.
   (10) That the scope of the examination be limited to certain
matters.
   (11) That all or certain of the writings or tangible things
designated in the deposition notice not be produced, inspected, or
copied.
   (12) That designated persons, other than the parties to the action
and their officers and counsel, be excluded from attending the
deposition.
   (13) That a trade secret or other confidential research,
development, or commercial information not be disclosed or be
disclosed only to specified persons or only in a specified way.
   (14) That the parties simultaneously file specified documents
enclosed in sealed envelopes to be opened as directed by the court.
   (15) That the deposition be sealed and thereafter opened only on
order of the court.
   If the motion for a protective order is denied in whole or in
part, the court may order that the deponent provide or permit the
discovery against which protection was sought on those terms and
conditions that are just.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion for a protective order, unless it finds that the one
subject to the sanction acted with substantial justification or that
other circumstances make the imposition of the sanction unjust.
   (j) (1) If the party giving notice of a deposition fails to attend
or proceed with it, the court shall impose a monetary sanction under
Section 2023 against that party, or the attorney for that party, or
both, and in favor of any party attending in person or by attorney,
unless it finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.
   (2) If a deponent does not appear for a deposition because the
party giving notice of the deposition failed to serve a required
deposition subpoena, the court shall impose a monetary sanction under
Section 2023 against that party, or the attorney for that party, or
both, in favor of any other party who, in person or by attorney,
attended at the time and place specified in the deposition notice in
the expectation that the deponent's testimony would be taken, unless
the court finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.
   If a deponent on whom a deposition subpoena has been served fails
to attend a deposition or refuses to be sworn as a witness, the court
may impose on the deponent the sanctions described in subdivision
(h) of Section 2020.
   (3) If, after service of a deposition notice, a party to the
action or an officer, director, managing agent, or employee of a
party, or a person designated by an organization that is a party
under subdivision (d), without having served a valid objection under
subdivision (g), fails to appear for examination, or to proceed with
it, or to produce for inspection any document or tangible thing
described in the deposition notice, the party giving the notice may
move for an order compelling the deponent's attendance and testimony,
and the production for inspection of any document or tangible thing
described in the deposition notice.  This motion (A) shall set forth
specific facts showing good cause justifying the production for
inspection of any document or tangible thing described in the
deposition notice, and (B) shall be accompanied by a declaration
stating facts showing a reasonable and good faith attempt at an
informal resolution of each issue presented by it or, when the
deponent fails to attend the deposition and produce the documents or
things described in the deposition notice, by a declaration stating
that the petitioner has contacted the deponent to inquire about the
nonappearance.  If this motion is granted, the court shall also
impose a monetary sanction under Section 2023 against the deponent or
the party with whom the deponent is affiliated, unless it finds that
the one subject to the sanction acted with substantial justification
or that other circumstances make the imposition of the sanction
unjust.  On motion of any other party who, in person or by attorney,
attended at the time and place specified in the deposition notice in
the expectation that the deponent's testimony would be taken, the
court shall also impose a monetary sanction under Section 2023,
unless it finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.
   If that party or party-affiliated deponent then fails to obey an
order compelling attendance, testimony, and production, the court may
make those orders that are just, including the imposition of an
issue sanction, an evidence sanction, or a terminating sanction under
Section 2023 against that party deponent or against the party with
whom the deponent is affiliated.  In lieu of, or in addition to, this
sanction, the court may impose a monetary sanction under Section
2023 against that deponent or against the party with whom that party
deponent is affiliated, and in favor of any party who, in person or
by attorney, attended in the expectation that the deponent's
testimony would be taken pursuant to that order.
   (k) Except as provided in paragraph (3) of subdivision (d) of
Section 2020, the deposition shall be conducted under the supervision
of an officer who is authorized to administer an oath.  This officer
shall not be financially interested in the action and shall not be a
relative or employee of any attorney of any of the parties, or of
any of the parties.  Any objection to the qualifications of the
deposition officer is waived unless made before the deposition begins
or as soon thereafter as the ground for that objection becomes known
or could be discovered by reasonable diligence.
   (l) (1) The deposition officer shall put the deponent under oath.
Unless the parties agree or the court orders otherwise, the
testimony, as well as any stated objections, shall be taken
stenographically.  The party noticing the deposition may also record
the testimony by audiotape or videotape if the notice of deposition
stated an intention also to record the testimony by either of those
methods, or if all the parties agree that the testimony may also be
recorded by either of those methods.  Any other party, at that party'
s expense, may make a simultaneous audiotape or videotape record of
the deposition, provided that other party promptly, and in no event
less than three calendar days before the date for which the
deposition is scheduled, serves a written notice of this intention to
audiotape or videotape the deposition testimony on the party or
attorney who noticed the deposition, on all other parties or
attorneys on whom the deposition notice was served under subdivision
(c), and on any deponent whose attendance is being compelled by a
deposition subpoena under Section 2020.  If this notice is given
three calendar days before the deposition date, it shall be made by
personal service under Section 1011.  Examination and
cross-examination of the deponent shall proceed as permitted at trial
under the provisions of the Evidence Code.
   (2) If the deposition is being recorded by means of audiotape or
videotape, the following procedure shall be observed:
   (A) The area used for recording the deponent's oral testimony
shall be suitably large, adequately lighted, and reasonably quiet.
   (B) The operator of the recording equipment shall be competent to
set up, operate, and monitor the equipment in the manner prescribed
in this subdivision.  The operator may be an employee of the attorney
taking the deposition unless the operator is also the deposition
officer.  However, if a videotape of deposition testimony is to be
used under paragraph (4) of subdivision (u), the operator of the
recording equipment shall be a person who is authorized to administer
an oath, and shall not be financially interested in the action or be
a relative or employee of any attorney of any of the parties, unless
all parties attending the deposition agree on the record to waive
these qualifications and restrictions.
   (C) The operator shall not distort the appearance or the demeanor
of participants in the deposition by the use of camera or sound
recording techniques.
   (D) The deposition shall begin with an oral or written statement
on camera or on the audiotape that includes the operator's name and
business address, the name and business address of the operator's
employer, the date, time, and place of the deposition, the caption of
the case, the name of the deponent, a specification of the party on
whose behalf the deposition is being taken, and any stipulations by
the parties.
   (E) Counsel for the parties shall identify themselves on camera or
on the audiotape.
   (F) The oath shall be administered to the deponent on camera or on
the audiotape.
   (G) If the length of a deposition requires the use of more than
one unit of tape, the end of each unit and the beginning of each
succeeding unit shall be announced on camera or on the audiotape.
   (H) At the conclusion of a deposition, a statement shall be made
on camera or on the audiotape that the deposition is ended and shall
set forth any stipulations made by counsel concerning the custody of
the audiotape or videotape recording and the exhibits, or concerning
other pertinent matters.
   (I) A party intending to offer an audiotaped or videotaped
recording of a deposition in evidence under subdivision (u) shall
notify the court and all parties in writing of that intent and of the
parts of the deposition to be offered within sufficient time for
objections to be made and ruled on by the judge to whom the case is
assigned for trial or hearing, and for any editing of the tape.
Objections to all or part of the deposition shall be made in writing.
  The court may permit further designations of testimony and
objections as justice may require.  With respect to those portions of
an audiotaped or videotaped deposition that are not designated by
any party or that are ruled to be objectionable, the court may order
that the party offering the recording of the deposition at the trial
or hearing suppress those portions, or that an edited version of the
deposition tape be prepared for use at the trial or hearing.  The
original audiotape or videotape of the deposition shall be preserved
unaltered.  If no stenographic record of the deposition testimony has
previously been made, the party offering a videotape or an audiotape
recording of that testimony under subdivision (u) shall accompany
that offer with a stenographic transcript prepared from that
recording.
   (3) In lieu of participating in the oral examination, parties may
transmit written questions in a sealed envelope to the party taking
the deposition for delivery to the deposition officer, who shall
unseal the envelope and propound them to the deponent after the oral
examination has been completed.
   (m) (1) The protection of information from discovery on the ground
that it is privileged or that it is a protected work product under
Section 2018 is waived unless a specific objection to its disclosure
is timely made during the deposition.
   (2) Errors and irregularities of any kind occurring at the oral
examination that might be cured if promptly presented are waived
unless a specific objection to them is timely made during the
deposition.  These errors and irregularities include, but are not
limited to, those relating to the manner of taking the deposition, to
the oath or affirmation administered, to the conduct of a party,
attorney, deponent, or deposition officer, or to the form of any
question or answer.  Unless the objecting party demands that the
taking of the deposition be suspended to permit a motion for a
protective order under subdivision (n), the deposition shall proceed
subject to the objection.
   (3) Objections to the competency of the deponent, or to the
relevancy, materiality, or admissibility at trial of the testimony or
of the materials produced are unnecessary and are not waived by
failure to make them before or during the deposition.
   (4) If a deponent fails to answer any question or to produce any
document or tangible thing under the deponent's control that is
specified in the deposition notice or a deposition subpoena, the
party seeking that answer or production may adjourn the deposition or
complete the examination on other matters without waiving the right
at a later time to move for an order compelling that answer or
production under subdivision (o).
   (n) The deposition officer shall not suspend the taking of
testimony without stipulation of the party conducting the deposition
and the deponent unless any party attending the deposition or the
deponent demands the taking of testimony be suspended to enable that
party or deponent to move for a protective order on the ground that
the examination is being conducted in bad faith or in a manner that
unreasonably annoys, embarrasses, or oppresses that deponent or
party.  This motion shall be accompanied by a declaration stating
facts showing a reasonable and good faith attempt at an informal
resolution of each issue presented by the motion.  The court, for
good cause shown, may terminate the examination or may limit the
scope and manner of taking the deposition as provided in subdivision
(i).  If the order terminates the examination, the deposition shall
not thereafter be resumed, except on order of the court.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion for this protective order, unless it finds that the
one subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction unjust.

   (o) If a deponent fails to answer any question or to produce any
document or tangible thing under the deponent's control that is
specified in the deposition notice or a deposition subpoena, the
party seeking discovery may move the court for an order compelling
that answer or production.  This motion shall be made no later than
60 days after the completion of the record of the deposition, and
shall be accompanied by a declaration stating facts showing a
reasonable and good faith attempt at an informal resolution of each
issue presented by the motion.  Notice of this motion shall be given
to all parties, and to the deponent either orally at the examination,
or by subsequent service in writing.  If the notice of the motion is
given orally, the deposition officer shall direct the deponent to
attend a session of the court at the time specified in the notice.
Not less than five days prior to the hearing on this motion, the
moving party shall lodge with the court a certified copy of any parts
of the stenographic transcript of the deposition that are relevant
to the motion.  If a deposition is recorded by audiotape or
videotape, the moving party is required to lodge a certified copy of
a transcript of any parts of the deposition that are relevant to the
motion.                                             If the court
determines that the answer or production sought is subject to
discovery, it shall order that the answer be given or the production
be made on the resumption of the deposition.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to compel answer or production, unless it finds that
the one subject to the sanction acted with substantial justification
or that other circumstances make the imposition of the sanction
unjust.
   If a deponent fails to obey an order entered under this
subdivision, the failure may be considered a contempt of court.  In
addition, if the disobedient deponent is a party to the action or an
officer, director, managing agent, or employee of a party, the court
may make those orders that are just against the disobedient party, or
against the party with whom the disobedient deponent is affiliated,
including the imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Section 2023.  In lieu of, or in
addition to, this sanction, the court may impose a monetary sanction
under Section 2023 against that party deponent or against any party
with whom the deponent is affiliated.
   (p) Unless the parties agree otherwise, the testimony at any
deposition recorded by stenographic means shall be transcribed.  The
party noticing the deposition shall bear the cost of that
transcription, unless the court, on motion and for good cause shown,
orders that the cost be borne or shared by another party.  Any other
party, at that party's expense, may obtain a copy of the transcript.
If the deposition officer receives a request from a party for an
original or a copy of the deposition transcript, or any portion
thereof, and the document will be available to that party prior to
the time the original or copy would be available to any other party,
the deposition officer shall immediately notify all other parties
attending the deposition of the request, and shall, upon request by
any party other than the party making the original request, make that
copy of the full or partial deposition transcript available to all
parties at the same time. Stenographic notes of depositions shall be
retained by the reporter for a period of not less than eight years
from the date of the deposition, where no transcript is produced, and
not less than one year from the date on which the transcript is
produced.  Those notes may be either on paper or electronic media, as
long as it allows for satisfactory production of a transcript at any
time during the periods specified.  At the request of any other
party to the action, including a party who did not attend the taking
of the deposition testimony, any party who records or causes the
recording of that testimony by means of audiotape or videotape shall
promptly (1) permit that other party to hear the audiotape or to view
the videotape, and (2) furnish a copy of the audiotape or videotape
to that other party on receipt of payment of the reasonable cost of
making that copy of the tape.
   If the testimony at the deposition is recorded both
stenographically, and by audiotape or videotape, the stenographic
transcript is the official record of that testimony for the purpose
of the trial and any subsequent hearing or appeal.
   (q) (1) If the deposition testimony is stenographically recorded,
the deposition officer shall send written notice to the deponent and
to all parties attending the deposition when the original transcript
of the testimony for each session of the deposition is available for
reading, correcting, and signing, unless the deponent and the
attending parties agree on the record that the reading, correcting,
and signing of the transcript of the testimony will be waived or that
the reading, correcting, and signing of a transcript of the
testimony will take place after the entire deposition has been
concluded or at some other specific time.  For 30 days following each
such notice, unless the attending parties and the deponent agree on
the record or otherwise in writing to a longer or shorter time
period, the deponent may change the form or the substance of the
answer to a question, and may either approve the transcript of the
deposition by signing it, or refuse to approve the transcript by not
signing it.
   Alternatively, within this same period, the deponent may change
the form or the substance of the answer to any question and may
approve or refuse to approve the transcript by means of a letter to
the deposition officer signed by the deponent which is mailed by
certified or registered mail with return receipt requested.  A copy
of that letter shall be sent by first-class mail to all parties
attending the deposition.  For good cause shown, the court may
shorten the 30-day period for making changes, approving, or refusing
to approve the transcript.
   The deposition officer shall indicate on the original of the
transcript, if the deponent has not already done so at the office of
the deposition officer, any action taken by the deponent and indicate
on the original of the transcript, the deponent's approval of, or
failure or refusal to approve, the transcript.  The deposition
officer shall also notify in writing the parties attending the
deposition of any changes which the deponent timely made in person.
If the deponent fails or refuses to approve the transcript within the
allotted period, the deposition shall be given the same effect as
though it had been approved, subject to any changes timely made by
the deponent.  However, on a seasonable motion to suppress the
deposition, accompanied by a declaration stating facts showing a
reasonable and good faith attempt at an informal resolution of each
issue presented by the motion, the court may determine that the
reasons given for the failure or refusal to approve the transcript
require rejection of the deposition in whole or in part.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to suppress a deposition, unless it finds that the
one subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction unjust.

   (2) If there is no stenographic transcription of the deposition,
the deposition officer shall send written notice to the deponent and
to all parties attending the deposition that the recording is
available for review, unless the deponent and all these parties agree
on the record to waive the hearing or viewing of an audiotape or
videotape recording of the testimony.  For 30 days following this
notice the deponent, either in person or by signed letter to the
deposition officer, may change the substance of the answer to any
question.
   The deposition officer shall set forth in a writing to accompany
the recording any changes made by the deponent, as well as either the
deponent's signature identifying the deposition as his or her own,
or a statement of the deponent's failure to supply the signature, or
to contact the officer within the allotted period.  When a deponent
fails to contact the officer within the allotted period, or expressly
refuses by a signature to identify the deposition as his or her own,
the deposition shall be given the same effect as though signed.
However, on a reasonable motion to suppress the deposition,
accompanied by a declaration stating facts showing a reasonable and
good faith attempt at an informal resolution of each issue presented
by the motion, the court may determine that the reasons given for the
refusal to sign require rejection of the deposition in whole or in
part.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to suppress a deposition, unless it finds that the
one subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction unjust.

   (r) (1) The deposition officer shall certify on the transcript of
the deposition, or in a writing accompanying an audiotaped or
videotaped deposition as described in paragraph (2) of subdivision
(q), that the deponent was duly sworn and that the transcript or
recording is a true record of the testimony given.
   (2) When prepared as a rough draft transcript, the transcript of
the deposition may not be certified and may not be used, cited, or
transcribed as the certified transcript of the deposition
proceedings.  The rough draft transcript may not be cited or used in
any way or at any time to rebut or contradict the certified
transcript of deposition proceedings as provided by the deposition
officer.
   (s) (1) The certified transcript of a deposition shall not be
filed with the court.  Instead, the deposition officer shall securely
seal that transcript in an envelope or package endorsed with the
title of the action and marked:  "Deposition of (here insert name of
deponent)," and shall promptly transmit it to the attorney for the
party who noticed the deposition.  This attorney shall store it under
conditions that will protect it against loss, destruction, or
tampering.
   The attorney to whom the transcript of a deposition is transmitted
shall retain custody of it until six months after final disposition
of the action.  At that time, the transcript may be destroyed, unless
the court, on motion of any party and for good cause shown, orders
that the transcript be preserved for a longer period.
   (2) An audiotape or videotape record of deposition testimony,
including a certified tape made by an operator qualified under
subparagraph (B) of paragraph (2) of subdivision (l), shall not be
filed with the court.  Instead, the operator shall retain custody of
that record and shall store it under conditions that will protect it
against loss, destruction, or tampering, and preserve as far as
practicable the quality of the tape and the integrity of the
testimony and images it contains.
   At the request of any party to the action, including a party who
did not attend the taking of the deposition testimony, or at the
request of the deponent, that operator shall promptly (A) permit the
one making the request to hear or to view the tape on receipt of
payment of a reasonable charge for providing the facilities for
hearing or viewing the tape, and (B) furnish a copy of the audiotape
or the videotape recording to the one making the request on receipt
of payment of the reasonable cost of making that copy of the tape.
   The attorney or operator who has custody of an audiotape or
videotape record of deposition testimony shall retain custody of it
until six months after final disposition of the action.  At that
time, the audiotape or videotape may be destroyed or erased, unless
the court, on motion of any party and for good cause shown, orders
that the tape be preserved for a longer period.
   (t) Once any party has taken the deposition of any natural person,
including that of a party to the action, neither the party who gave,
nor any other party who has been served with a deposition notice
pursuant to subdivision (c) may take a subsequent deposition of that
deponent.  However, for good cause shown, the court may grant leave
to take a subsequent deposition, and the parties, with the consent of
any deponent who is not a party, may stipulate that a subsequent
deposition be taken.  This subdivision does not preclude taking one
subsequent deposition of a natural person who has previously been
examined (1) as a result of that person's designation to testify on
behalf of an organization under subdivision (d), or (2), pursuant to
a court order under Section 485.230, for the limited purpose of
discovering pursuant to Section 485.230 the identity, location, and
value of property in which the deponent has an interest.  This
subdivision does not authorize the taking of more than one subsequent
deposition for the limited purpose of Section 485.230.
   (u) At the trial or any other hearing in the action, any part or
all of a deposition may be used against any party who was present or
represented at the taking of the deposition, or who had due notice of
the deposition and did not serve a valid objection under subdivision
(g), so far as admissible under the rules of evidence applied as
though the deponent were then present and testifying as a witness, in
accordance with the following provisions:
   (1) Any party may use a deposition for the purpose of
contradicting or impeaching the testimony of the deponent as a
witness, or for any other purpose permitted by the Evidence Code.
   (2) An adverse party may use for any purpose, a deposition of a
party to the action, or of anyone who at the time of taking the
deposition was an officer, director, managing agent, employee, agent,
or designee under subdivision (d) of a party.  It is not ground for
objection to the use of a deposition of a party under this paragraph
by an adverse party that the deponent is available to testify, has
testified, or will testify at the trial or other hearing.
   (3) Any party may use for any purpose the deposition of any person
or organization, including that of any party to the action, if the
court finds any of the following:
   (A) The deponent resides more than 150 miles from the place of the
trial or other hearing.
   (B) The deponent, without the procurement or wrongdoing of the
proponent of the deposition for the purpose of preventing testimony
in open court, is (i) exempted or precluded on the ground of
privilege from testifying concerning the matter to which the deponent'
s testimony is relevant, (ii) disqualified from testifying, (iii)
dead or unable to attend or testify because of existing physical or
mental illness or infirmity, (iv) absent from the trial or other
hearing and the court is unable to compel the deponent's attendance
by its process, or (v) absent from the trial or other hearing and the
proponent of the deposition has exercised reasonable diligence but
has been unable to procure the deponent's attendance by the court's
process.
   (C) Exceptional circumstances exist that make it desirable to
allow the use of any deposition in the interests of justice and with
due regard to the importance of presenting the testimony of witnesses
orally in open court.
   (4) Any party may use a videotape deposition of a treating or
consulting physician or of any expert witness even though the
deponent is available to testify if the deposition notice under
subdivision (d) reserved the right to use the deposition at trial,
and if that party has complied with subparagraph (I) of paragraph (2)
of subdivision (l).
   (5) Subject to the requirements of this section, a party may offer
in evidence all or any part of a deposition, and if the party
introduces only part of the deposition, any other party may introduce
any other parts that are relevant to the parts introduced.
   (6) Substitution of parties does not affect the right to use
depositions previously taken.
   (7) When an action has been brought in any court of the United
States or of any state, and another action involving the same subject
matter is subsequently brought between the same parties or their
representatives or successors in interest, all depositions lawfully
taken and duly filed in the initial action may be used in the
subsequent action as if originally taken in that subsequent action.
A deposition previously taken may also be used as permitted by the
Evidence Code.
  SEC. 14.  Section 68511.3 of the Government Code is amended to
read:
   68511.3.  (a) The Judicial Council shall formulate and adopt
uniform forms and rules of court for litigants proceeding in forma
pauperis.  These rules shall provide for all of the following:
   (1) Standard procedures for considering and determining
applications for permission to proceed in forma pauperis, including,
in the event of a denial of such permission, a written statement
detailing the reasons for denial and an evidentiary hearing where
there is a substantial evidentiary conflict.
   (2) Standard procedures to toll relevant time limitations when a
pleading or other paper accompanied by such an application is timely
lodged with the court and delay is caused due to the processing of
the application to proceed in forma pauperis.
   (3) Proceeding in forma pauperis at every stage of the proceedings
at both the appellate and trial levels of the court system.
   (4) The confidentiality of the financial information provided to
the court by these litigants.
   (5) That the court may authorize the clerk of the court, county
financial officer, or other appropriate county officer to make
reasonable efforts to verify the litigant's financial condition
without compromising the confidentiality of the application.
   (6) That permission to proceed in forma pauperis be granted to all
of the following:
   (A) Litigants who are receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplemental Payments
(SSP) programs (Sections 12200 to 12205, inclusive, of the Welfare
and Institutions Code), the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code), the Food Stamp program (7 U.S.C. Sec. 2011 et
seq.), or Section 17000 of the Welfare and Institutions Code.
   (B) Litigants whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of
Health and Human Services pursuant to the Omnibus Budget
Reconciliation Act of 1981, as amended.
   (C) Other persons when in the court's discretion, this permission
is appropriate because the litigant is unable to proceed without
using money which is necessary for the use of the litigant or the
litigant's family to provide for the common necessaries of life.
   (b) (1) Litigants who apply for permission to proceed in forma
pauperis pursuant to subparagraph (A) of paragraph (6) of subdivision
(a) shall declare under penalty of perjury that they are receiving
such benefits and may voluntarily provide the court with their date
of birth and social security number or their Medi-Cal identification
number to permit the court to verify the applicant's receipt of
public assistance.  The court may require any applicant, except a
defendant in an unlawful detainer action, who chooses not to disclose
his or her social security number for verification purposes to
attach to the application documentation of benefits to support the
claim and all other financial information on a form promulgated by
the Judicial Council for this purpose.
   (2) Litigants who apply for permission to proceed in forma
pauperis pursuant to subparagraph (B) or (C) of paragraph (6) of
subdivision (a) shall file a financial statement under oath on a form
promulgated by, and pursuant to rules adopted by, the Judicial
Council.
   (c) The forms and rules adopted by the Judicial Council shall
provide for the disclosure of the following information about the
litigant:
   (1) Current street address.
   (2) Date of birth.
   (3) Occupation and employer.
   (4) Monthly income and expenses.
   (5) Address and value of any real property owned directly or
beneficially.
   (6) Personal property with a value that exceeds five hundred
dollars ($500).
   The information furnished by the litigant shall be used by the
court in determining his or her ability to pay all or a portion of
the fees and costs.
   (d) At any time after the court has granted a litigant permission
to proceed in forma pauperis and prior to final disposition of the
case, the clerk of the court, county financial officer, or other
appropriate county officer may notify the court of any changed
financial circumstances which may enable the litigant to pay all or a
portion of the fees and costs which had been waived.  The court may
authorize the clerk of the court, county financial officer, or other
appropriate county officer to require the litigant to appear before
and be examined by the person authorized to ascertain the validity of
their indigent status.  However, no litigant shall be required to
appear more than once in any four-month period.  A litigant
proceeding in forma pauperis shall notify the court within five days
of any settlement or monetary consideration received in settlement of
this litigation and of any other change in financial circumstances
that affects the litigant's ability to pay court fees and costs.
After the litigant either (1) appears before and is examined by the
person authorized to ascertain the validity of his or her indigent
status or (2) notifies the court of a change in financial
circumstances, the court may then order the litigant to pay to the
county such sum and in such manner as the court believes is
compatible with the litigant's financial ability.
   In any action or proceeding in which the litigant whose fees and
costs have been waived would have been entitled to recover those fees
and costs from another party to the action or proceeding had they
been paid, the court may assess the amount of the waived fees and
costs against the other party and order the other party to pay that
sum to the county or to the clerk and serving and levying officers
respectively, or the court may order the amount of the waived fees
and costs added to the judgment and so identified by the clerk.
   Execution may be issued on any order provided for in this
subdivision in the same manner as on a judgment in a civil action.
When an amount equal to the sum due and payable to the clerk has been
collected upon the judgment, these amounts shall be remitted to the
clerk within 30 days.  Thereafter, when an amount equal to the sum
due to the serving and levying officers has been collected upon the
judgment, these amounts shall be due and payable to those officers
and shall be remitted within 30 days.  If the remittance is not
received by the clerk within 30 days or there is a filing of a
partial satisfaction of judgment in an amount at least equal to the
fees and costs payable to the clerk or a satisfaction of judgment has
been filed, notwithstanding any other provision of law, the court
may issue an abstract of judgment, writ of execution, or both for
recovery of those sums, plus the fees for issuance and execution and
an additional fee for administering this section.  The county board
of supervisors shall establish a fee, not to exceed actual costs of
administering this subdivision and in no case exceeding twenty-five
dollars ($25), which shall be added to the writ of execution.
   (e) Notwithstanding subdivision (a), a person who is sentenced to
imprisonment in a state prison or confined in a county jail and,
during the period of imprisonment or confinement, files a civil
action or notice of appeal of a civil action in forma pauperis shall
be required to pay the full amount of the filing fee to the extent
provided in this subdivision.
   (1) In addition to the form required by this section for filing in
forma pauperis, an inmate shall file a copy of a statement of
account for any sums due to the inmate for the six-month period
immediately preceding the filing of the civil action or notice of
appeal of a civil action.  This copy shall be certified by the
appropriate official of the Department of Corrections or a county
jail.
   (2) Upon filing the civil action or notice of appeal of a civil
action, the court shall assess, and when funds exist, collect, as a
partial payment of any required court fees, an initial partial filing
fee of 20 percent of the greater of one of the following:
   (A) The average monthly deposits to the inmate's account.
   (B) The average monthly balance in the inmate's account for the
six-month period immediately preceding the filing of the civil action
or notice of appeal.
   (3) After payment of the initial partial filing fee, the inmate
shall be required to make monthly payments of 20 percent of the
preceding month's income credited to the inmate's account.  The
Department of Corrections shall forward payments from this account to
the clerk of the court each time the amount in the account exceeds
ten dollars ($10) until the filing fees are paid.
   (4) In no event shall the filing fee collected pursuant to this
subdivision exceed the amount of fees permitted by law for the
commencement of a civil action or an appeal of a civil action.
   (5) In no event shall an inmate be prohibited from bringing a
civil action or appeal of a civil action solely because the inmate
has no assets and no means to pay the initial partial filing fee.
  SEC. 15.  Section 45014 of the Public Resources Code is amended to
read:
   45014.  (a) Upon the failure of any person to comply with any
final order issued by a local enforcement agency or the board, the
Attorney General, upon request of the board, shall petition the
superior court for the issuance of a preliminary or permanent
injunction, or both, as may be appropriate, restraining the person or
persons from continuing to violate the order or complaint.
   (b) Any attorney authorized to act on behalf of the local
enforcement agency or the board may petition the superior court for
injunctive relief to enforce this part, any term or condition in any
solid waste facilities permit, or any standard adopted by the board
or the local enforcement agency.
   (c) In addition to the administrative imposition of civil
penalties pursuant to this part and Article 6 (commencing with
Section 42850) of Chapter 16 of Part 3, any attorney authorized to
act on behalf of the local enforcement agency or the board may apply,
to the clerk of the appropriate court in the county in which the
civil penalty was imposed, for a judgment to collect the penalty.
The application, which shall include a certified copy of the decision
or order in the civil penalty action, constitutes a sufficient
showing to warrant issuance of the judgment.  The court clerk shall
enter the judgment immediately in conformity with the application.
The judgment so entered shall include the amount of the court filing
fee which would have been due from an applicant who is not a public
agency, and has the same force and effect as, and is subject to all
the provisions of law relating to, a judgment in a civil action, and
may be enforced in the same manner as any other judgment of the court
in which it is entered, provided that the amount of the unpaid court
filing fee shall be paid to the court prior to satisfying any of the
civil penalty amount.  Thereafter, any civil penalty or judgment
recovered shall be paid, to the maximum extent allowed by law, to the
board or to the local enforcement agency, whichever is represented
by the attorney who brought the
       action.
  SEC. 16.  Section 319.1 of the Welfare and Institutions Code is
amended to read:
   319.1.  When the court finds a minor to be a person described by
Section 300, and believes that the minor may need specialized mental
health treatment while the minor is unable to reside in his or her
natural home, the court shall notify the director of the county
mental health department in the county where the minor resides.  The
county mental health department shall perform the duties required
under Section 5694.7 for all those minors.
   Nothing in this section shall restrict the provisions of emergency
psychiatric services to those minors who are involved in dependency
cases and have not yet reached the point of ajudication or
disposition, nor shall it operate to restrict evaluations at an
earlier stage of the proceedings or to restrict orders removing the
minor from a detention facility for psychiatric treatment.
  SEC. 17.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
